Section 197 through 199 of the California Penal Code outlines the state's self-defense laws. The term used in the penal codes is justifiable homicide. Under Chapter 1, Homicide, there are sections on excusable homicides, or accidents, justifiable homicide by peace...
Criminal Defense
Applying the Sudden Emergency Doctrine in California
California’s Sudden Emergency Doctrine, often called the doctrine of imminent peril, can be used by defendants to delay court actions through processes and motions. It can also be used by those trying to prevent unfair findings of comparative negligence. In order to...
Common defenses raised against criminal charges
If you are charged with a criminal offense by California authorities, the law presumes that you are innocent until proven guilty. To obtain a conviction, it must be shown beyond a reasonable doubt that you violated state law. There are several defenses that you may...
How to know if was really mail fraud
Of the myriad ways an individual can be charged at the federal level, mail fraud is seen the most often. You might find it helpful to learn about the legal definition of mail fraud as it takes place in California. What makes it mail fraud? By itself, fraud is the act...
Recent changes strengthen California domestic violence protection
A recently passed state law allows California judges to renew domestic violence protection orders, wiping out inconsistencies that saw the orders up for renewal every five years or have a permanent designation. The new law, passed in 2022 by the California state...
Potential defenses against drug possession charges
There are many defenses that you may be able to use if you are charged with drug possession in California. For instance, it may be possible to argue that marijuana, LSD or other controlled substances found on your person don't actually belong to you. It may also be...
How to contest a DUI charge
If you are convicted of DUI in California, you could spend time in jail, lose your driving privileges and face other penalties. Fortunately, there are a number of strategies that you may be able to use to defend yourself against the charge. These strategies may enable...
Understanding California’s criminal defense manslaughter laws
The difference between facing a homicide charge or voluntary manslaughter in Los Angeles, CA can be huge. A murder charge carries a sentence of between 15 years and life. In contrast, you will face a maximum of 11 years in prison for voluntary manslaughter. What is...
Possible defenses for cocaine possession in California
If you were arrested for cocaine possession in Los Angeles, you should be aware that the laws regarding this issue have become less severe over the years. This is thanks to the passage of Proposition 36 in 2000. Under this revision, nonviolent offenders have an option...
Facts about two-step interrogation techniques in California
When a police officer is arresting you in California, they have to give you the Miranda warning before asking you any questions. However, some police officers and detectives will attempt to ask you questions first before they tell you your Miranda rights. Here's what...
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